Summaries of the first ten opinions issued this term were posted today, and will be e-mailed to subscribers as Issue #91. The opinions include State v. Mullens, held over from the prior term of court. The next argument docket will be held March 13th  [Permanent Link]  Google It! 

IN RE: AUSTIN G. AND BREONA R., No. 33134 (Per Curiam)(February 21, 2007). Father appealed an order of the Circuit Court of Mingo County that terminated his parental rights, arguing that termination was not justified and arguing that the circuit court erred in denying post-termination visitation. Affirming the circuit court's decision on both points.

JOHN BARBINA, etc. v. CHARLES CURRY, et al., No. 33102 (DAVIS, C.J.)(February 15, 2007). Petitioner appealed an order of the Circuit Court of Taylor County that granted summary judgment in favor of respondents in a civil suit arising out of an infant being sexually abused and allegations that the abuse was negligently reported and services were negligently provided. Affirming summary judgment, and clarifying that there is no cause of action for negligent failure to report under W.V. Code 49-6A-2. Holding that the direct contact requirement of the special relationship doctrine could be satisfied through competent evidence showing a report of child abuse was actually made to and received by the DHHR, but that in this case the evidence did not show a direct contact was made.